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Home My WebLink About12-2053 °CC r 77 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Discover Bank, Through Its Servicing Agent, DB Servicing Corporation Plaintiff VS. No : /a - 02053 (2i V1, ler'pi COMPLAINT IN CIVIL ACTION CHARLES W STANTON Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan,47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 09528627 C A Pit SJS So 103,75 PO A 77Y ?* 1o4a3saco IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Discover Bank, Through Its Servicing Agent, DB Servicing Corporation Plaintiff vs. Civil Action No CHARLES W STANTON Defendant COMPLAINT AND NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT 1. Plaintiff, Discover Bank, is a banking institution organized under the laws of the State of Delaware and maintains a business address of 12 Reads Way, New Castle, DE 19720. 2. DE Servicing Corporation is the servicing affiliate for Discover Bank, f/k/a Greenwood Trust Company, an FDIC-insured Delaware State bank. As the servicing affiliate, DB Servicing Corporation performs a variety of services for Discover Bank including, among other things, the collection of delinquent accounts, marketing, application approval, transaction approval, customer service, and billing. The collection of delinquent accounts includes the right to forward the account to the attorneys and/or collection agencies for collection and to file suit: on Discover Bank's behalf. 3. At all times pertinent hereto, DB Servicing Corporation is the servicing affiliate for Discover Bank, in reference to Defendant account, which is the subject of this litigation. 4. Defendant is adult individual(s) residing at 3104 HARVARD AVE CAMP HILL, PA 17011 5. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX1780 6. Defendant made use of said credit card and has a current balance due of $3277.25 , as of December 31, 2011 . 7. Defendant is in default by failing to make monthly payments when due. As such, the entire balance is immediately due and payable to Plaintiff. 8. Plaintiff is entitled to the addition of interest at the rate of 19.240% per annum on the unpaid balance from December 31, 2011 . A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit 11111. 9. Although repeately requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the balance due the Plaintiff. WHEREFORE, Plaintiff prays for Judgment in its favor and against Defendant, CHARLES W STANTON INDIVIDUALLY , in the amount of $3277.25 with interest at the rate of 19.240% per annum from December 31, 2011 until date of judgment and costs. 0,14-- -7, William T. MolczqV,47437 WELTMAN, WEINBER & REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 WWR# 09528627 C A Pit SJS This law firm is a debt collector attempting to collect this debt for our client and any information obtained will be used for that purpose. DISCOVER New Balance Minimum Payment Due $3,277.25 $3,277.25 Paymart Due Date February 17, 2012 22 SDSN6A01 0004582 CHARLES STANTON 3104 HARVARD AVE CAMP HILL PA 17011-5238 try, 22, 2012 PO BOX 6103 Ill rrrllunrlslnlrlrllul CAROL STREAM IL 60197-6103 Address, e-mail or telephone change? III llnnnlllrlu unlnlluunllllnnrllrUuurllulull Go to wwwMiscovsr Am or print change in space above. n rr 000001986760147782796032772500000000327725 opening Date: January 1, 2u 12 Closing 0cft: Janes I Discover More Card Account Summary Account number ending in 1780 Previous Balance $3,277.25 Payments And Credits 0.00 Purchases + 0.00 Balance Transfers + 0.00 Cash .Advances + 0.00 Fees Charged + 0.00 Interest Charged + 0.00 New Balance _ 3,277.25 See Interest Charge Calculation section Following transactions for detailed APR information Credit Line $2,700.00 Credit Line Available $0.00 Cash Advance Credit Line $0.00 Cash Advance Credit Line Available $0.00 warrw?w uw nsa Anniversary Month November Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus This Period + 0.00 CaddxKk Bonus Balance $ 0.00 To learn more, log in ot www.Disoover.com 3 Easy Ways to Contact Us 1 Access your account securely at wvwv.Discover.com 2. Call 1-8044)ISCOVER (1-800.347-2683) Please have your Discover® card available 3. Write to us at Discover, PO Box 30943, Soh Lake City, UT 84130 (Not a payment address) For payments, please send to address on remittance or Discover. PO Box 6103, Carol Stream, IL 60 1 97-6 1 0 3 For TDD (Telecommunications Device for the Deaf) assistance, please call 1-804347-7449 Account Number ending in 1780 Enter Amount Enclosed Below Please make check payable to Discover Card. Minimump?yment due includes a past due amount of i6S6.00. Phone and Internet payments must be made by 5:OOpm ET For same day K=. and manage your account at www.Discover.com or visit m.discavercom on your mobile phone. paae I of 2 Payment Information New Bokxnce $3,277.25 Minimum Payment Due" $3,277.25 Payment Due Date February 17 2012 'Includes past due amount of $656.00 Late Payment Warning: If we do not receive your minimum payment by the date listed above, you may have to pay a late fee of up to $35.00 and your purchase and balance transfer APRs for new transactions may be increased up to the Penalty APR of 24.24% variable. Mini rrnnro Payment Warning: If you make only the minimum payment each period, you will pay more in interest and it will take you longer to pay off your balance. For example: fykxi pra r tPO' Yr1i will pay off the And yov' v4 end tiit+naf charges balance shown on up Paying an ng *is caret and this statement in unmated total of xich rrnanlh you pay. . about, Only the minimum 9 years $3,277 payment If you would like information about credit counseling services, call 1-800-347-1121 Manage Your Account Online at www.Discover.com • Access Gee online tools like Paydown Planner to create a plan to pay down your balance, securely access statements, pay bills online and easily track all transactions • Make your money worth more sm-find easy ways to earn and redeem cash rewards • NEW! Access your account securely through your mobile phone Transactions Ts. Post ,28627 Dale Date _ Fees TOTAL FEES FOR THIS PERIOD $ 0.00 interest Charged TOTAL WTEREST FOR THIS PERIOD $ 0.001 2012 Totals Year-to-Date TOTAL FEES CHARGED IN 2012 $ 0.00 ', . TOTAL INTEREST CHARGED IN 2012 0.00 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISC&VER Paperless statements mean less clutter, more convenience Easily access up to 24 months of downloadable, password protected statements. • :See your statement as soon as it's available rather than wait for it to arrive in your mailbox. • Get helpful payment reminders through e-mail or text messages on your mobile phone. • print a paper copy of your statement anytime. • Sign up today at Discovercom/paperless 02010 Discovn B.A. Member FDIC PAPER.0310 rn O rn Z C) D o_ 0 0 0 A N CD N N X V 9528627 Questions? visit www.Dinover.com or DISCOVER call 1-800-DISCOVER (1-800-347-2683). DISCOVER ! Mt?b CHARLES STANTON MSC VEI Account number ending in 1780 page 2 of 2 Interest Charge Calculation Your Annual Percentage Rafe (APR) is the annual interest rate on your account. Current Billing Period: 22 days TYPE OF BALANCE ANNUAL PERCENTAGE BALANCE SUBJECT TO INTEREST CHARGE RATE (APR) INTEREST RATE Purchases 19.24% V s0 so cash Advances 24.99% s0 $0 V = Variable Rate Addiiional important hformation See your Cardmssrd»r Agreenrrsrd. Your Cardmember Agreement contains of the terms of your Account. Lost or stolen cards. Report immediatelyl Cal 1-800-347-2683. What To Do M You Think You Find A Mistake On Your Stafensent !f you think there is an error on your statement, write to us at: Discover, PO Box 30421, Salt Lake City, UT 84 1 30-042 1 In your letter give us the following information: Account information: Your name and account number Dollar amount: The dollar amount of the suspected error Descri ?ionoI Problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake. You must contact us within 60 days after the error appeared an your statement. You must notify us of any potential errors in writing. You may call us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question. While we investigate whether or not there has been an error the following are true: We cannot try to cored the amount in question, or report you as delinquent on that amount. The charge in question may remain on your statement, and we may continue to charge you interest on that amount. But, if we determine that we made a mistake, you will not have to pay the amount in question or any interest or other fees related to that amount. While you do not have to the amount in question, yyoouu are responsible For the remainder of your balance. • We can apply any unpaid amount against your credit lim't. Your Rights 1f You Are Dissa&&d With Your Credit Card Purchases IF you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase. 'fo use this right, all of the folowing must be true: I The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you or if we own the company that sold you the goods or services.) 2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses your credit card account do not qualify. :3. You must not yet have fully paid for the purchase. If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at: Discover PO Box 30945, Salt Lake City, UT 84130-945 While we investigate, the some rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe on amount and you do not pay we may report you as delinquent. Payments. You may pay all or pat of your Account balance at any time. However, you must pay at least the Minimum Payment Due by the F ayment Due Date. Send only your payment and the top portion of this statement in the envelope provided. Do not send cash. By sending your check as described above, you authorize us to use information on your check to make an electronic Fund transfer from your account at the financial institution indicated on your check or to process the payment as a check transaction. If payment is processed as an electronic kind transfer, the transfer will be For the amount of The check. When we use information from your check to make an electronic fund transfer funds may be withdrawn from your account as soon as the some day we receive your payment, and you will not receive your check back from your financial institution. The processing of your payment y be delayed iF ou send cash, correspondence or other items with your payment, if you sendThe paym ent o any ether adma dross or iF you use yo envelope other than the one provided. Payments received m proper form at our processing facility by SPM local time on any day vnp be credited fo your Account as of fhnot day. Payments received at our processmg faality aher SPM local time will be credited to yax Account as of the next day. IF you have misploced your envelope, send your payment b Discover PO Box 6103 Carol Stream, IL 601 97 61 03. Please allow 7-10 days for delivery. if your paymaM is returned unpaid, we reserve the rig?t to resubmit t as an electronic debit. 9528627 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISCOVER You can y r monthly Minimum Payment Due, or a greater amount that does not exceed your current Account balance, over the telpa ne or you can setup automatic payments through a customer service represertalive by caging 1-804347- 683. Automatic payments wig be deducted on the Payment Due Date urhless you request a r«urnng payment dale (e. g. the 15th dayy of the month) that occurs before your Payment Due Date_ If your sdwduled payment date ids on a weekend or bank holida, your payment will be processed the business day for to the weekend or bank holiday. In order to schedule monthly payments by telephone, you will need this statement r>?you r bank account information. You will be asked to provide the last four (4 digits of the social security number of the pnmary borrower. By providing those numbers as your electronic signature, you wil he agreeing to this authorization to allow us and your bank to deduct each paymentyou authorize, in the amount selected by you, from your bank account. You also authorize us to initiate debt or oath entries to your bank account, as applicable, to correct an error in the processing of such payment. You can cancel a scheduled payment by phone at 1347-2683 or by mail at Discover, PO Box 30421 Sail Lake City, UT 84 1 30-042 1 however we must receive notice at least three business days in advance of the scheduled payment. If your payments may vary in amount, we will tell you on each may billing statement when your payment will be made and Now much it will be. You must enure that sufficient funds are available in your bank account, and all transactions must comply with U.S. law. You can set automatic payments for- (i) statement New Balance, (u) statement Minimum Payment Due, (iii) statement Minimum Payment Due Plus a fixed dollar amount, or (iv) a fixed dollar amount. If your scheduled fixed payment is not enough to cover the Minimum Payment Due as listed on your monthly billing statement, your scheduled payment for that mouth wit be increased to cover the Minimum Payment Due. If the scheduled payment is greater than the Minimum Payment Due, any excess will be applied in accordance with your Cardmember Agreement. l your scheduled pa ent is greater than the New Balance on your billing statement, that payment will be processed only for the amountof yaw New Balance. Your automatic payment amount may be less than the amount indicated on the periodic statement based on credits or payments after the Closing Date. If you enroll by phone in our automatic payment service, please fill-in the following blanks below and retain the authorization for your records. Amount- ? Full Pay ? Min Pay ? Min Pay + S ? Fixed Pays v Bank Routing #: Bank Account #: Frequency: Z Credit Raporling. We may report information about your Account to credit bureaus. late payments, missed payments, or o other defaults on your Account may be reflected in your credit report. We normally report the status and payment history of your Account to credit reporting agencies each month. If you be it eve that our report is inaccurate or incomplete, please write °o us at the following address: Discover, PO Box 15316, Wilmington, DE 198505316. Please indicate your name, address, home telephone number and Account number N Pa=ng Interest We begin to impose interest charges on a transaction, fee or interest charge from the day we add it to the N daily balance. We confmue to impose interest charges until you pay the total amount you owe us. You can avoid ing 11 sh interest on Purchases as described below. However, you cannot avoid paying interest on Balance Transfers or C. pay Advances. How to Avoid Po rim Interest on Purchases PGrace Period" T you paid the New a once on your previous billing statement by the Payment Due Date shown on that billing statement, we will not impose interest charges on new Purchases or any portion of a new Purchase, paid by the Payment Due Date on your current billing statement. New Purchases are Purchases that first appear on the current billing statement. How We Apply Payments Mov Impact Your Grace Period it you do not pay your ew -e m molt, en, depending on the balance to which we apply your payment, you may not get a grace period on new Purchases. Flow We Calculate honed Charges Daily Balance Medwd findudirg current transactions): We calculate interest charges each billing period by first figuring the '&a balance" for each Transaction Category. Transaction Categories include standard Purchases, standard Cash Advances and different promotional balances, such as Balance Transfers. How We Figure the Daily Balance for Enc h Transaction Category Vie start with the beginning balancce for each day. The beginning balance for the first day of the billing period is your balance on the last day of your previous billing period Vie add any interest charges accrued on the previous day's daily balance and any new transactions and fees. We add any new transactions or fees as of the later of the Transaction Date or the first day of the billing period in which the transaction or fee posted to your Account. We subtract any new credits and payments- We make other adjustments (including those adjustments required in the "Paying Interest" section). Flow We Figure Your Total Interest Chagos We multiply the taily balance for each Transaction Category by its daily periodic rate. We do this for each day in the billing pentad. This gives us the interest charges for each Transaction Category. To get a daily periodic rate, we divide Clod. that applies to the Transaction Category by 365. We add up all the daily interest charges. The sum is the total interest charge for the billing period. Flow We Include Fees We add Balance Transfer Fees to the applicable Balance Transfer Transaction Category. We add Cash Advance Fees to the applicable Cash Advance Transaction Category. We add all other fees to Ike standard Purchase Transaction Category. balance Subpct to Intered Rate. Your statement shows a Balance Subject to Interest Rate. It shows this for each transaction category. The Balance Subject to Interest Rate is the average of the daily balances during the billing period. Credit balances. If your Account has a credit balance, the amount is shown on the front of your billing statement. A credit balance is money that is owed to you. You may make charges against this amount if your Account is open. We will send you a refund of any remaining balance of $1 06 or more after 6 months, or as otherwise required by applicable law. For TDD (felecammunicalions Device for dw Deaf) assistance, please cog I,BW-347-7449. 133@ fffmonitor and/or record telephone calls between you and Discover representatives for quality assurance purposes. The Discoverm card is issued by Discover Bank, Member FDIC RZNFE001 Questions? Visit www.D6cavw.cmn or DISCOVER call 1-800-DISCOVER (1-800-347-2683). VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to unworn falsifications to authorities, that she is Natasha Szczygiel, Legal Placement Account Manager (Name) (Title) of DB Servicing CoKporation successor to DFS Services LLC, servicing agent for Discover Bank, (Company) plaintiff herein, that she is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint in Civil Action are true and correct to the best of her knowledge, information and belief. WWR# 9528627 Charles W. Stanton 6011308090141780 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson "11-E0 -U? f'ICS Sheriff ` T K* P nTk-N0T S Jody S Smith Chief Deputy Richard W Stewart Solicitor Discover Bank vs. Charles W Stanton 2012 APR 17 AM 9-- 25 C ANO COUNTY YIYANIA Case Number 2012-2053 SHERIFF'S RETURN OF SERVICE 04/03/2012 02:42 PM - Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on April 3, 2012 at 1442 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Charles W. Stanton, by making known unto Bluette Jones, Wife of Defendant at 3104 Harvard Avenue, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $43.00 April 10, 2012 c RONALD HOOVER, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF DISCOVER BANK, Through its Servicing Agent DB Servicing Corporation, Plaintiff V. CHARLES W. STANTON, Defendant 1 •,5 ..; ?..,, rely IN THE COURT OF COMMON P r Q m CUMBERLAND COUNTY, PENN Fv ¢TIA No. 12-2053 Civil Term PRAECIPE FOR ENTRY OF APPEARANCE Please enter the appearance of Evan C. Pappas, Esquire, Kenneth J. McDermott, II, Esquire and the law firm of Shumaker Williams, P.C. as counsel for Defendant in the above- captioned matter. SHUMAKER WILLIAMS, P.C. Dated: April 20, 2012 By van C. Pappas, I.D. #200103 Kenneth J. McDermott, 11, I.D. #205555 P.O. Box 88 Harrisburg, PA 17108 (717) 763-1121 Attorneys for Defendant :246664 CERTIFICATE OF SERVICE I, Kenneth J. McDermott, II, Esquire, of the law firm of Shumaker Williams, P.C., hereby certify that I served a true and correct copy of the foregoing Praecipe for Entry of Appearance on this date by depositing a copy of the same in the possession of the United States mail, first-class, postage prepaid, addressed as follows: William T. Molczan, Esquire Weltman, Weinberg & Reis Co., LPA 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 SHUMAKER WILLIAMS, P.C. Dated: April 20, 2012 By enneth J. McDermott, II P.O. Box 88 Harrisburg, PA 17108 (717) 763-1121